Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-06-12

great uumher Of facss by dedustion.
TAiz RsutIsmsn. 70 eircamseanttal evt-
aanea. and circamstARkial evidences u
Of that character.
A wisn~ss Who tessifss 10 q fast NAV
be unistsks1; b. nav lie about IL. bat IL
would take very strong evidence 20 sat-
isfy you thai q bullet extracted from
the head Of 9 msa, and thai ballet
showing the yell -known and peculiar
marks Of having been fred from ride
gua. was not 30 fired.
10 the nature at things, exoerience
With eausa aud Ell s~t will say the ballet
vas cred from q riffs gun, aud Won BE-
lieve IT, Il 10 not proved, however. Pc
vond ell possible doubt. even under
these circumstances, because u u pos
sibls that . bullet could be made ~
skilfai person With the identical
marks upon is that this shows. It is
DOT proved absolutely beyond all posi-
BILE doabt that that bullet, even IN the
head Of the person killed, killed the per
con. He may have haen dead befoFs
the bullet vas fred. He NAV have died
l very suddsnlv: many men do. SOM
one NAV have shot q bullet into bis
head after be vas dead. Yet you would
have no reasonable doubk ab0at the
fast that tbs person vas killed by the
SQUAD. aud that that wound vas In
aicted By the ballet that was shot from
the rife gan, BY some other ersou than
himself, who VS. on his left side, or
scms other special plaoe: and that the
quo Was nearly on q level. or not on
level, whichever vsv the circumstances
| indicate. So that, from facts known 10
be true, ne infer q great number or
facts that are also 90 proved to as to be
true. Aud. reilly. We are always doing
these things every day. however unoon-
scious We are OF II, and they are among
the most satisfactory facts Of evidence
that can possibly be produced to the
| human MAD. In other words. IL We
are certain of fact, from thst We pre-
sume other facts; that Is. our Judgment
/ comes TO q conclusion as to the other
facts. becsuse the facts We know so
count for the others, Het absolutely be-
yond doubt. possible doubt, bat be-
yond reasonable doubt, and the cir
cumstances themselves are to vour
minds the most satisfactory kind of
proof Of the facts We have inferred.
A reasonable man, gentlemen, does
not refuse to believe what be knows, be-
cause there may possibly be something
that he don't know. But these deduc-
lions or pFesumptions from the facts are
| not conclusive nor will they satisfy cor
minds beyond q reasonable doubt If
they simply may or may not imply the
existence of the facts to be proved. II
they simply may or may not imply that
fact, or the other facts to be proven, in
such a case We are again Left ct sea and
at large and We are dealing with proba-
bilities aud chances and the presump-
tions ara grave or slight as they may
strike different minds. they are myster-
ious or suspicious and our minds have
no abiding confidence Of what the truth
iE.
Nov, gentlemen. trust I have made
myself understood, and IL so, that what
I have said may bs of some assistance
to you in the discharge of the grave
duty imposed upon you. The Territory
charges the defendant with the crime
Of murder 10 the first degree. Has the
Territory proyed that fact beyond a
reasonable doubt. The defendant need
not prove himself innocent, as l
have said; the Law presumes him to be
innocent until he is proved to be guilty.
Now, gentlemen, the case IL with you.
You have given careful attention to all
1 buNE nus DtCA DIONCGs ~ al tuU w.
dence produced here on both sides in
this case. Il is for you to deter mine the
fact. Tnat determination you will ex-
press by your verdict 10 one Of the
forms l will furnish to you. Look this
matter. gentlemen, right squsre in the
face. Perform your duty as manfully aud
veil as the defense and the defendants
COUNSEL AID the prosecution have dis
charged theirs, and yeu will have dis
charged YOUR duty. In case you find
the defendant guilty you will return the
verdict which reads as follow:
"We.the jarors q the case IN which the
rerritorV OF Washington Is plaintiff and
George H Miller is defendant, fad the
4 'fend4nt guilty as charged In tbs In
di ltmeat."
One OF your number will act as fore
man and sign the verdiSt II you so ind.
II you fad the defendant not guilty YOU
will return this verdict:
1--WE, the jurors in the case In which
the Territory OF Washington is plaintiff
aud George II. Miller ia defeBdant, hnd
the defendant not guilty"
Your foreman will sign that verdict,
il voa 50 find.
TBy Mr.. Ronaldsl. I understand the
| language of the Court to say that even
though the defendant did not fire the
fatal shot, vet il he aided and abetted
(that NAV follow from what you said,
that be would have to be present at toe
scene of the shooting. / ask the Court
10 make that instruction little fHller,
so that even if the defendant did not
leave home, bat planned and abetied, tt
is still the same, he would be guilty.
By the COURT. l don't think it is
necessary. II procure n thing to be
done do il myself, it don't make any
difference whether | 20 or not, II
cause or procure thing TO be done 1t is
my act.